PCN using mobile while driving, but not guilty

ginnersinner

Sirdan wrote: »

Despite what people may choose to believe in this scenario the Constable does not have the power to search you.
He may have the power to do so for all sorts of other unrelated matters e.g .for prohibited or stolen goods , for drugs or under terrorism powers ..but he can only search for evidence of an offence if he has first arrested you for that offence.
Such an arrest would need to meet the "neccesity" test set out in the Police and Criminal Evidence Act 1984 Section 24 (5)....most unlikely in this situation.

Such an arrest probably would meet the necessity test. If the copper suspected you were in possession of a phone when you claim you aren't, he'd want to search you. As Sirdan says, he only has power to search in these circumstances AFTER arrest (Sec 32 PACE allows a copper to search an arrested person for evidence of the offence for which they're arrested).
Now, if the copper thinks you're in possession of a phone, and he thinks it's necessary to search you to find that phone, then it becomes necessary to arrest you 'for the prompt and effective investigation of the offence' (one of a number of 'necessity' reasons under sec 24(5) above). So he could arrest you, thereby triggering his power of search, search you, find, or not find, the phone, then proceed - either by releasing you there and then, or taking you to the station if he thought for whatever reason he needed to interview you. Arresting someone is no longer about what the offence is, but if there's a need to investigate (amongst others)

SHIPSHAPE

Next time just pop your mobile in a large shell and the police will think you are listening to the sea.